HomeMy WebLinkAboutResolution 3436 . � .
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O :� O CITY of ORONO
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A RESOLUTION GRANTING
A VARIANCE TO SECTION 10.55, SUBDIVISION 8 AND
A CONDITIONAL USE P�RMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
FII,E NO. 1904
WHEREAS, Eric and Shelly Liljequist (hereinafter the "applicants") are the
owners of the property located at 3490 Birch Lane within the City of Orono (hereinafter "City")
and legally described as:
Lot 2, Block 1, Baldur Park, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, the applicants have applied to the City for a variance to Section
10.55, Subdivision 8 to permit reconstruction of a permanent residence within the flood plain
of Lake Minnetonka and a conditional use permit per Section 10.03, Subdivision 19 as the
c;onstruction within the flood plain requires the excavation of compensatory mitigation area on
the property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #1904
2. The property is located in the LR-1B Lakeshore Residential Zoning District
requiring 21,780 s.f. or one-half acre in area. The property consists of 13,894
s.f. or .32 acres.
3. The Planning Commission reviewed this application on May 16, 1994 and
recommended unanimous approval of the proposed conditional use permit and
variance based on the following unique findings and hardships:
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a. The proposed improvements will not increase the runoff on the property.
b. Positive drainage will be maintained,on the property.
c. A permanent residence has existed on the property for over 50 years.
d. The footprint of the new residence will not exceed that of the former
residence.
e. Hardcover within the 75-250' setback area is proposed at 21.9% as a
result of these improvements.
4. The Council finds that the conditions existing on this property are peculiar to it
and do not apply generally to other property in this zoning district; that granting
the variance would not adversely affect traffic conditions, light, air nor pose a
fire hazard or other danger to neighboring properties, would not merely serve as
a convenience to the applicant, but is necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
5. The City Council finds that granting a conditional use permit to allow additional
excavations to provide mitigation area for the filling of the flood plain of Lake
Minnetonka will not be detrimental to the health, safety or general welfare of the
public, would not adversely affect light, air nor pose a fire hazard or other danger
to neighboring praperties, nor will it depreciate surrounding property values and
that the proposed level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and other parties and the effect of the proposed variance on the
health, safety and welfare of the community.
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O . O CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono City Council
hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and a
conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to permit the
reconstruction of a new residence structure to be located completely within the flood plain of
Lake Minnetonka and to allow compensatory mitigation for the filling �f the flood plain, subject
to the following conditions:
1. Applicant's residence shall be designed so that the first habitable floor of
residence is installed at the 933.5 MSL.
2. Upon application for a building permit, applicant shall provide a grading and
drainage plan that will include compensatory excavations for the filling of the
flood plain and other necessary land alterations to ensure positive drainage is
maintained on property. The grading and drainage plan shall be reviewed by the
City Engineer who shall also be responsible for making on-site inspections to
confirm drainage plan is satisfactory.
3. Authorities granted by this resolution run with the property not with the
applicants, but are permissive only and must be exercised by application for a
building permit within one year of the date of Council approval, or the special
conditions of this resolution will expire on that date (June 13, 1995).
4. Violation of or non-compliance with any of the terms and conditions of this
resolution shall constirste a violation of the Zoning Code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
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O :� O C TY of ORONO
�:e�`=> ..� RESOLUTION OF THE CITY COUNCIL
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Adopted by the Orono City Council at a regular meeting held on this 13th day of
June, 1994.
AT EST:
�
Dorothy M. a m, City Clerk Edwar J. Callahan, 3r., Mayor
Gabri 1 Jabbour, cting Mayor
, � \ �
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Property Owner(s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 13th day of June,
1994 by Ed��'�l��all�l�?9i�rand Dorothy M. Hallin,`�6I�a��a��'i�Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
_- LlNDA S. VEE ��
N07AP.Y PUBLIC - MINNESOTA
HENNEPIN COUNTY Notary Public
�� My commissbn explres &12-98
�....�4
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� �' CITY of ORONO
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����"=� � RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this / .3�" day of 1 u•►� , 199 `� before me a Notary
Public within and for said county,personally appeared �r ' ` L; 1�t�ct%s�, m c e���c�
known to me to be the person(s) descri ed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
LINDA S. VEE �d� � [J �
NOTARY PUBUC - MINNESOTA
HENNEPIN COUNTY NOTAR PUBLIC
My comR�ission expires &12-98
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
a3 r� day of u5-f� , 199� before me a Notary
On this ._.
Public within and for said county,personall appeared ti /��( �% �l e q u� � �r%�
known to me to be the perso (s) descnb�d in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
LINDA S. VEE � � v���
° ,� NOTAPY �UBLIC - MINNESOTA NOT Y P��C
H�i�"sNEi'!N COUNT'f
��' �vty c.,rnr,.',sicn expires 8-12-98
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RESOLUTION # 4 4 3 6 � -
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
) .
CITY OE ORONO )
I Dorothy M. Nallin , City Clerk of the City of Orono , Hennepin
County , i�linnesota , do hereby certify that I have compared the
fore�going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on June 13 , 1994 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
Zn Witness Whereof , I have hereunto se�t my hand and seal this
� 14th , day of June , 19 94
Do othy M. Hallin ,' City Clerk
(SEAL) '
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